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HomeMy WebLinkAboutC02-285 Kolbe Striping`w EGE 2331 CONTRACT AGREEMENT FOR IMPROVEMENTS TO EAGLE COUNTY REGIONAL AIRPORT EAGLE, COLORADO THIS AGREEMENT, made and entered into this 2 Z u day of oL 6 �002, by and between the Board of County Commissioners for Eagle County, Colorado a body corporate and politic, hereinafter referred to as the "Owner" and Kolbe Striping, Inc., hereinafter referred to as the "Contractor." WITNESSETH: Article 1. STATEMENT OF THE WORK The Contractor shall fiunish all labor and materials and perform all work for improvements to Eagle County Regional Airport, in strict accordance with the Plans and Specifications dated September 5, 2002, prepared by Washington Infrastructure Services, Inc., for improvements to Eagle County Regional Airport. Contractor shall complete this work within 21 working days from the effective date of the Notice to Proceed. Article 2. COST. The total estimated cost for Schedule I thereof to be Forty -Nine Thousand Nine Hundred Seven -Five dollars ($49,975.00). Article 3. It is hereby further agreed, that, in consideration of the faithful performance of the work by the Contractor, the Owner shall pay the Contractor the compensation due him by reason of said faithful performance of the work, at stated intervals and in the amounts certified by the Engineer in accordance with the provisions of this Contract. Article 4. It is hereby further agreed, that, in the completion of the work and its acceptance by the Owner all sums due the Contractor by reason of his faithful completion of the work, taking into consideration additions to or deductions from the contract price by reason of"Force Account" work authorized under this Contract in accordance with the provisions of this Contract, will be paid the Contractor by the Owner after said completion and acceptance. Final acceptance cannot be made by the Sponsor until any and all proper legal advertisements have been made. All payments shall be made in accordance with Colorado Revised Statute 38-26-107. Article 5. It is hereby further agreed that any reference herein to the "Contract" shall include all "Contract Documents" as the same are listed and described in the General Provisions of the Specifications, issued in connection with the improvements to Eagle County Regional Airport, and said "Contract Documents" are hereby made a part of this agreement as fully as if set out at length herein. -1- I✓ Article 6. Contract Clauses and Requirements for Construction Contracts. A. General and Labor Clauses for All Construction Contracts and Subcontracts. 1. Consent to Assignment. The Contractor shall obtain the prior written consent of the Owner to any proposed assignment of any interest in or part of this contract. 2. Withholding, Owner from Contractor. The Owner may withhold or cause to be withheld from the Contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the full amount of wages required by this contract. 3. Nonpayment of Wages. If the Contractor or any subcontractor fails to pay any laborer or mechanic employed or working on the site of the work, any of the wages required by this contract, the Owner may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease. 4. Subcontracts. The Contractor shall insert in each of his subcontracts the provisions contained in paragraphs 1, 2 and 3, of this section and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. B. Miscellaneous Clause Requirements for All Construction Contracts and Subcontracts unless Otherwise Indicated. During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Nondiscrimination. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, sex, age, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. 2. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract relative to nondiscrimination on the grounds of race, sex, age, color, or national origin. 3. Information and Reports. The Contractor shall provide all information and reports -2- required and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Owner and shall set forth what efforts it has made to obtain the information. 4. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. 5. Incorporation of Provisions. The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interests of the Owner. 6. Breach of Contract Terms - Sanctions. Any violation or breach of the terms of this contract on the part of the Contractor/subcontractor may result in the suspension or termination of this contract or such other action which maybe necessary to enforce the rights of the parties of this agreement. 7. Contract Termination. This contract may be terminated by the Owner for default or any other conditions or circumstances beyond the control of the Contractor. Termination conditions, the manner by which it will be affected and the basis for settlement are as follows: "In the event that the Owner is prohibited from completing the project because of conditions or circumstances beyond the control of either the Owner or the Contractor such as, but not limited to, an Executive Order of the President with respect to the prosecution of war or in the interest of national defense or an order of any State or Federal Court permanently prohibiting the construction of the project, the Owner, acting by and through its Airport Manager, may terminate the Contract or portion thereof by giving at least ten (10) days' written notice thereof to the Contractor. When the Contract, or any portion thereof, is terminated before completion of all items of work in the Contract, payment will be made for the actual number of units -3- or items of work completed at the Contract price. On items or units which are only partially completed, payment will be made in proportion to the completed work as determined by the Engineer in his sole and absolute discretion, bears to the total bid price. Acceptable materials, obtained or ordered in the work at the time of such termination, shall at the option of the Owner be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at the point of delivery. The intent of this provision is to provide a method of equitable settlement with the Contractor in the event of termination of the Contract because of conditions or circumstances beyond the control of either party. Loss of anticipated profits shall not be considered. It is also the intent of this provision that a settlement for the work performed shall not relieve the Contractor or his surety from responsibility for defective work and/or materials on the completed portion of the work, nor for labor and materials as expressed in the surety bond or bonds. The Airport Manager or his authorized representatives shall be given full access to all books, correspondence and papers of the Contractor relating to this Contract in order to determine the amounts to be paid on account of the termination of the Contract." C. Access to Documents, Records, etc. 1. For All Cost -reimbursement Type of Contracts. The Owner or an authorized representative of either shall be allowed access to the Contractor's records which are pertinent to the contract for the purpose of accounting and audit. 2. For All Negotiated Contracts in Excess of $10,000. The Owner, or any of the Owner's duly authorized representatives, shall be allowed access to any books, documents, papers and records of the Contractor which are directly pertinent to this project(s) for the purpose of making audit, examination, excerpts and transcriptions. D. Bonding Clauses for Construction Contracts and Subcontracts. 1. The Contractor agrees to furnish a performance and payment bond for 100 percent of the Contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the Contractor's obligations under such contract. 2. The Contractor agrees to furnish a payment bond for 100 percent of the Contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. -4- E. Miscellaneous Provisions. 1. The Contractor agrees to accept as his full and only compensation for the performance of all the work required under this Contract such sum or sums ofmoney as may be proper in accordance with the price or prices set forth in the Contractor's Proposal previouslyprovided to Owner and made a part of this Agreement by reference. 2. The Contractor agrees to indemnify, defend and hold harmless the Owner, from any and all claims and damages to property and injury to persons which may arise both of and during operations under this Contract, whether such operations be bythe Contractor or by any subcontractor or anyone directly or indirectly employed by the Contractor or any other employee or person employed or engaged on or about, or in connection with, the construction. 3. Venue and jurisdiction of any action will only be brought in the District Court in and for the 5th Judicial District. 4. In the event of a breach of this agreement, the breaching party shall pay to the non -breaching party all reasonable attorney fees, cost and other expenses, incurred by the non -breaching party enforcing its rights as a result of said breach. IN WITNESS WHEREOF, The parties, respectively have caused this agreement to be duly executed the day and year first herein written in six (6) copies, all of which to all intents and purposes shall be considered as the original. OWNER: EAGLE COUNTY, COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS BY ITS CHAIRMAN ATTEST: of °r e ccc x � b e By: *„ $y: AN LorthC Clerk to the Board f Commissioner' Michael L. Gallagher, C i CONTRACTOR: Kolbe Striping, Inc. 550 Topeka Way Castle Rob0Col 109 -5- 0 WE PR FORM: d �� L1L..1 g( YAttom. G:lbryanlmisclkolbe agreement.wpd rot `./ DISTR� ION Originals to 1. Contract Book 2. 3. 4.L- Cc� ie� s toy 1. Accounting 2. 3.